Property under the Pagdi system
We are a secular family with parents and three daughters.
My family moved in as tenant in the year 1982, and since then have been living in the same flat. The flat has been rented out to us under Pagdi system.
The flat agreement was on my father’s name, and after his demise, the tenancy was transferred on tomy mother’s name easily , so basically she is now the legal tenant of the flat as she has been liable to pay all the fees and taxes.
All the three girls are married and do not live with their mother. In fact two of her daughters live abroad.
In this scenario, I wish to know the following:
1) In the event of my mother's demise, do we again need to purchase the property or pay 33% of the property's current value to our landlord just so that we can continue to be the tenants of the same flat under Pagdi system?
2) Will one of us have to live in the flat to retain the flat, as we do not wish to sell the flat because it can be a place to stay over when my sisters and their families visit India and neither of us stay there as we are living with our families? Can the property be transferred on to our names easily, as it was transferred to my mother during my father’s demise.
3) Even though my mother has made a ‘Will’, where she has stated the right of the property to all 3 of us equally after her death, can the landlord forcefully consider the property as his own, if we fail to repurchase the property or if we fail to pay him 33% of the current property value?
4) Can we just not get the name transferred from my mother to us free of cost ( by saying that she is gifting the flat to us), when I say free of cost without paying 33% of the current property value to the landlord. Will we face any kind of problem from the landlord regarding transferring the property to us after my mother passes away? If yes, should this transferring be done before her demise?
5) If none of the above options are possible, can my mother sell the property to all 3 of us by paying 33% to the landlord.
6) Is there anyway, that I can convert the pagadi into ownership?
Please guide us, as we are not sure about the rights as tenants. We are really worried that we might lose our flat after my mother’s death.
Thank you for your help in advance.